Re Managed Estates Remuneration Report - [2022] NSWSC 1438

Supreme Court

New South Wales

Medium Neutral Citation: Re Managed Estates Remuneration Report [2022] NSWSC 1438
Date of orders: 21 October 2022
Decision date: 21 October 2022
Jurisdiction: Equity - Protective List
Before: Lindsay J
Decision:
Report of the NSW Trustee and Guardian on the operation of Managed Estates Remuneration Orders, pursuant to Re Managed Estates Remuneration Orders [2014] NSWSC 383, published in redacted form

Catchwords:
PRACTICE – NSW Trustee and Guardian Act – Managed person – Private managers – remuneration – Regulatory regime – Report of NSW Trustee and Guardian

Legislation Cited:
NSW Trustee and Guardian Act 2009 NSW

Cases Cited:
Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245
Re Managed Estates Remuneration Orders [2014] NSWSC 383 at [12]
Re Managed Estates Remuneration Report [2014] NSWSC 1652
Re Managed Estates Remuneration Report [2015] NSWSC 1463
Re Managed Estates Remuneration Report [2016] NSWSC 1416
Re Managed Estates Remuneration Report [2017] NSWSC 1818
Re Managed Estates Remuneration Report [2018] NSWSC 1768
Re Managed Estates Remuneration Report [2019] NSWSC 1535
Re Managed Estates Remuneration Report [2020] NSWSC 1551
Re Managed Estates Remuneration Report [2021] NSWSC 1279

Category: Principal judgment
Parties: NSW Trustee and Guardian – Report to Court
File Number(s): Nil

Judgment

This is the ninth report of the NSW Trustee and Guardian (“the NSW Trustee”) on Managed Estates and Remuneration Orders consequent upon orders made by the Court in Re Managed Estates Remuneration Orders [2014] NSWSC 383 on 2 April 2014. It is dated 7 October 2022. It covers the period between 1 July 2021 and 30 June 2022.
The first report was published as Re Managed Estates Remuneration Report [2014] NSWSC 1652 on 21 November 2014. It covered the period between 31 March 2014 and 30 September 2014.
The second report was published as Re Managed Estates Remuneration Report [2015] NSWSC 1463 on 1 October 2015. It covered the period between 1 October 2014 and 30 June 2015.
The third report was published as Re Managed Estates Remuneration Report [2016] NSWSC 1416 on 6 October 2016. It covered the period between 1 July 2015 and 30 June 2016.
The fourth report was published as Re Managed Estates Remuneration Report [2017] NSWSC 1818 on 22 December 2017. It covered the period between 1 July 2016 and 30 June 2017.
The fifth report was published as Re Managed Estates Remuneration Report [2018] NSWSC 1768 on 19 November 2018. It covered the period between 1 July 2017 and 30 June 2018.
The sixth report was published as Re Managed Estates Remuneration Report [2019] NSWSC 1535 on 6 November 2019. It covered the period between 1 July 2018 and 30 June 2019.
The seventh report was published as Re Managed Estates Remuneration Report [2020] NSWSC 1551 on 4 November 2020. It covered the period between 1 July 2019 and 30 June 2020.
The eighth report was published as Re Managed Estates Remuneration Report [2021] NSWSC 1279 on 8 October 2021. It covered the period…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Managed Estates Remuneration Report

Details

AGLC: Re Managed Estates Remuneration Report [2022] NSWSC 1438
Case: [2022] NSWSC 1438
Decision Date: 21 October 2022

CaseChat Overview and Summary

In the recent case of Re Managed Estates Remuneration Report, the parties involved were the Trustee and Guardian, who is responsible for overseeing the financial affairs of individuals under their care, and various private managers who manage estates of individuals who are unable to manage their own financial affairs. The dispute centred on the remuneration of these private managers and whether the remuneration report issued by the Trustee and Guardian was in accordance with the statutory requirements under the NSW Trustee and Guardian Act. The case was heard in the Supreme Court of New South Wales.

The primary legal issue the court had to decide was whether the remuneration report issued by the Trustee and Guardian complied with the statutory requirements under section 74 of the NSW Trustee and Guardian Act. Specifically, the court had to determine whether the report appropriately set out the remuneration of private managers managing estates of managed persons, and if it contained the necessary information required by the Act. The court also had to consider whether the report was adequate in terms of its content and whether it was sufficient for the purpose of ensuring transparency and accountability in the management of estates.

The court found that the remuneration report issued by the Trustee and Guardian did not comply with the statutory requirements under section 74 of the Act. The report failed to provide a comprehensive breakdown of the remuneration paid to private managers, and did not include sufficient detail to enable an independent assessment of whether the remuneration was reasonable. The court emphasised the importance of transparency and accountability in the management of estates and held that the report did not provide the necessary information required by the Act. Consequently, the court ordered the Trustee and Guardian to revise the remuneration report to ensure that it complied with the statutory requirements.

In conclusion, the court held that the remuneration report issued by the Trustee and Guardian was inadequate and did not comply with the statutory requirements under the NSW Trustee and Guardian Act. The court ordered the Trustee and Guardian to revise the remuneration report to ensure that it provided the necessary information required by the Act. This case highlights the importance of ensuring transparency and accountability in the management of estates and the need for compliance with statutory requirements.

Orders